These are the terms and conditions subject to which we license any of our products to you. We sell licences to use applications usually known as “apps”. By buying a licence and using the app, you agree to be bound by them.
We are Slawter Studios Ltd, a company registered in United Kingdom, number 11926466
Our address is Suite 2, 2 The Lawn, St Marys Road, Ealing London W5 5ER
You are: Anyone who buys a licence from us.
It is now agreed as follows:
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
“App” means a software application for use on any Device or thing offered for licence by us on Our Website, and whether or not bought by you.
“Device” includes any device, work station, electronic application or electronic receiving device.
“Copy or Publish” with reference to an App, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work.
“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including all Apps, intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Licence” means a licence granted by us to you in the terms of this agreement for use of an App.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.
“Restrictions on Use” means first, the restrictions set out in this agreement and second, all restrictions or limitations arising from choices you made at the time of purchase. These may relate to limitations on use, territory, duration, or any other choice which defines the App. Third, restrictions include those made by you, if any, in private correspondence between us before your purchase.
“Software” means the software which constitutes the App or which provides any electronic function which supports the use of the App.
In this agreement unless the context otherwise requires:
1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that person.
3. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
4. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
5. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Warranty for our authority
1. You confirm that you have authority to enter into this agreement and have obtained all necessary approvals to do so.
2. In entering into this contract you have not relied on any representation or information from any source except that on Our Website.
3. You accept responsibility for compliance with the laws and importation procedures of your jurisdiction which might affect your right to import, export or use the Software, and you represents that you have or will comply with all such laws and procedures.
4. Grant of Licence
1. Subject to payment of the licence fee from time to time, and to the other terms of this agreement, we grant to you a Licence for eighty years to use the App throughout the World or on a monthly/yearly subscription basis. A free 14 day trial is provided , then the user will be able to make a one time purchase or subscribe. This is auto renewable unless cancelled via the App store. Subscription will entitle user to all new updates and features , with a minimum of one update every 6 months. Where as one time payment users will require IAP (Priced per feature or per upgrade).
2. We may not offer the Licence in all countries. We may refuse or revoke a Licence and return your payment if you live in a country we do not serve.
3. The Licence is non-exclusive, non-assignable, non-transferable and otherwise as limited by the terms of this agreement.
4. No express or implied licence of the App or any other material is granted to you other than the express Licence granted in this agreement.
5. Further requirements of the Licence
1. You must not allow any other person to use an App except in the situation or context for which you have bought it.
2. Every publication or appearance of an App on a Device must be protected as far as the law allows by separate, specific or general provisions against copying or publishing. We allow you to use the definition of “Copy or Publish” used in this agreement.
3. You must not use an App:
1. except for the use specified at the time of purchase;
2. in part or as a whole, to incorporate it in any intellectual property of yours;
4. If any information you give us is inaccurate, we may terminate your Licence and no refund of money will be due to you.
6. The price
1. The price payable for Apps, services / an item that you order, is clearly set out on Our Website.
2. The price charged for an App may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
3. Prices are inclusive of any applicable value added tax or other sales tax.
4. If, by mistake, we have under-priced an App, we will not be liable to supply that App to you at the stated price, provided that we notify you before we send it to you.
5. Prices are exclusive of import duty or any other tax charged or imposed by the country of importation, all of which are payable by you.
6. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
7. All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
7. Security of your credit card
We take care to make Our Website safe for you to use.
1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
8. Restrictions on Use of App
You agree that you will not:
1. use the App for any purpose or in any way except as you selected and paid when you bought it from Our Website and as provided in this agreement, separate the component parts of the Software for use on more than one Device.
2. reverse engineer, decompile, or disassemble the Software.
3. sub-license, lease, or lend the Software or the App.
4. Copy or Publish an App except as specifically allowed in this agreement.
5. represent or give the impression that you are the owner or originator of any App.
6. remove any identification or reference number or other information which may be embedded in any file of an App.
7. allow any other person to use an App except in the situation or context for which you have bought it.
9. Copying the App
1. You may install and use one copy of the Software on a single Device. Unless a specific agreement has been offered
AND ANY OF
2. The primary user of the Device on which the Software is installed may make a second copy for his or her exclusive use on a portable Device.
3. You must not install the Software on more than two Devices and you must not use the Software on more than one Device at a time. The Software must not be used simultaneously on your home Device and on your office Device.
4. You may copy an App once for the purpose of system maintenance or to show or share with some other person who has a business interest in it;
5. You may copy an App once to a contractor of yours whose contract is to work on the project or purpose for which you have bought the App. In this case the Licence extends only to that project or purpose. If this happens, you remain liable to us in every way for the acts and omissions of your contractor. We advise you to obtain an appropriate agreement from your contractor to protect you in this regard.
10. Disclaimers and limitation of liability
1. The law differs from one country to another. This paragraph applies so far as the applicable law allows. The following applies to both Apple app store and Slawter Studios Ltd
2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3. We make no representation or warranty that the App will be:
1. useful to you;
2. of satisfactory quality;
3. fit for a particular purpose;
5. available or accessible, without interruption, or without error.
4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us for a Licence.
6. We shall not be liable to you for any loss or expense which is:
1. indirect or consequential loss; or
2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
3. Damage to hearing and / or equipment
7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
8. If you become aware of any breach of any term of this agreement by any person, please tell us by email at email@example.com, we welcome your input but do not guarantee to agree with your judgement.
9. Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
11. U.S. Government end users
Amp FreQQ family of products are “commercial items” as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users buy a licence to use Amp FreQQ and any related documentation or service with only those rights set out in this Licence.
12. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
1. your failure to comply with the law of any country;
2. your breach of this agreement;
3. any act, neglect or default by any agent, employee, licensee or customer of yours;
4. a contractual claim or breach of the intellectual property rights of any person arising from your use of the Apps.
13. Copyright and other Intellectual Property
1. You agree that at all times you will:
1. not cause or permit anything which may damage or endanger our title to any App or other Intellectual Property or the title of any other person whose work has been made available to us as an App;
2. notify us of any suspected infringement of the Intellectual Property.
2. If you use an App in a way not allowed by this agreement we may take legal action anywhere in the World. If loss to us or any other person results from your wrongful action, you will be liable to pay.
3. If we terminate the Licence on account of your breach, you agree that you will:
1. immediately stop using the App;
2. destroy all copies of the App in your possession or control;
3. destroy any work of yours derived from an App.
4. If we reasonably believe that you are using an App beyond the scope of this Licence, you agree to provide written confirmation of your compliance, in a form to be drawn by us.
14. Miscellaneous matters
2. You undertake to provide to us your current land address, e-mail address and telephone as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
3. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
4. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
5. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
6. Any obligation in this agreement intended to continue to have effect after termination shall so continue.
7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
8. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
9. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within four working days of posting to an address in the European Union and eight working days to any other address;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
10. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
11. This agreement does not give any right to any third party under the UK Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
12. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
13. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.